Joint Civil Society Open Letter on the Withdrawal of the AI Liability Directive
On 7 April 2025, CDT Europe joined a coalition of civil society organisations in sending an open letter to Executive Vice-President Virkkunen and Commissioner McGrath, expressing deep concern over the Commission’s recent decision to withdraw the proposed Artificial Intelligence Liability Directive (AILD). While acknowledging that the proposal has room for improvement, we stress the urgent need to immediately begin preparatory work on a new, robust liability framework.
In its original proposal, the European Commission stressed that “safety and liability are two sides of the same coin”. We agree. A liability framework is essential to ensure that individuals harmed by AI systems—particularly consumers and vulnerable citizens—can effectively seek compensation without facing insurmountable legal barriers, and therefore increase public trust in AI-powered products .
The letter highlights the critical importance of non-fault based liability, pointing out that it is often impossible for affected individuals to prove that a specific AI system caused harm. In addition, it underscores the insufficiency of the revised Product Liability Directive, which fails to address key gaps such as deployer accountability and harms like discrimination.
The withdrawal of the AILD risks creating a fragmented legal landscape across EU Member States, undermining both consumer protection and legal certainty for businesses. We call for harmonised, ambitious EU-wide AI liability rules to build trust in AI technologies, promote fairness, and foster sustainable innovation.
Read the full letter.
